Making a Will in Jamaica: What Makes It Valid and What It Can Do

Section 5 of Jamaica's Wills Act says a person under 18 cannot make a valid will. Section 6 requires the will to be in writing and signed at the foot or end by the person making it, or by another person in that person's presence and at their direction. The signature must be made or acknowledged in the presence of at least two witnesses who are present at the same time. The witnesses must then sign in the presence of the person making the will.

A witness can be legally competent to witness the document, but section 10 generally makes a gift to an attesting witness, or to that witness's spouse, void. That does not automatically invalidate the entire will. The safer course is to use independent witnesses who receive nothing under it.

Capacity, knowledge and approval, fraud and undue influence can also become issues even where the signatures look correct. Someone who is elderly, seriously ill, visually impaired, unable to read or making an unexpected change should receive careful, documented legal attention.

A Jamaican will should usually:

1. 1

   identify you by your full legal name and address;

2. 2

   revoke earlier wills where appropriate;

3. 3

   appoint an executor and at least one substitute;

4. 4

   identify beneficiaries clearly;

5. 5

   deal specifically with land, business interests or family valuables where needed;

6. 6

   contain a residuary gift for assets not otherwise mentioned; and

7. 7

   address what happens if an executor or beneficiary dies before you.

Before drafting, check how each major asset is owned. A joint tenant's interest passes by survivorship and is not disposed of by that person's will while another joint tenant survives. An insurance policy, pension or account with a valid nomination may also pass outside the estate. The title, account mandate and policy terms matter more than assumptions about ownership.

The executor applies for probate, identifies and protects estate assets, pays proper debts and expenses, accounts for the administration and distributes the balance. Choose someone who can do that work and communicate with the family. Living overseas does not automatically disqualify an executor, but it can affect signing, identification and the practical handling of Jamaican assets.

Tell the executor where the original will is stored. Do not write on the signed original, remove staples or attach notes after execution. Alterations can trigger additional evidence under Part 68 of the Civil Procedure Rules.

Review it after marriage, separation or divorce, the birth or adoption of a child, the death of an executor or beneficiary, a major purchase or sale, or a move to another country. Marriage is especially important because section 13 of the Wills Act provides that marriage revokes a will, subject to the precise statutory rule. Do not assume that an old will still works after a change in family status.

Bring the proposed beneficiaries' full names, the title details for land, information about jointly held assets, earlier wills and any agreement that may affect the property. A lawyer should also ask about dependants and potential claims under the Inheritance (Provision for Family and Dependants) Act.